1 952-CA-4395-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 952 CIVIL APPLICATION NO. 4395 OF 2026 IN FAST/7773/2026 Suresh S/o. Digambarrao Potdar & Anr. VERSUS The State Of Maharashtra Through The Collector Osmanabad And Anr. ... Adv.G.K. Sontakke for the Applicants. Mr.Kishor Hote Patil, AGP for the Respondent/State. Adv.R.A. Tambe for Respondent No.2. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT : 1. This Civil Application has been filed by the Claimants seeking condonation of delay of 6480 days in filing the present First Appeal. The Claimants seek to challenge the common Judgment and Award dated 11th March, 2008 passed by the learned Civil Judge, Senior Division, Omerga, in LAR Nos. 226, 227 and 158 of 2004. 2. It is the contention of the Applicants that the delay in filing the First Appeal has neither been intentional nor deliberate. According to the Applicants, they are residents of a remote rural area and, therefore, were not aware of the Judgment and Award passed by the learned Reference Court. It is further submitted that, due to paucity of funds, the Applicants were unable to approach this Court and prefer the Appeal within the prescribed period. It is stated that, when funds became Sunny Thote 2026:BHC-AUG:42567 2 952-CA-4395-2026.odt available, the Applicants were unable to approach this Court on account of illness of one of the Applicants. 3. It is further submitted that the First Appeal arising out of the same notification has already been allowed by this Court. It is, therefore, submitted that the present Appeal may also be allowed on the ground of parity and that the Applicants cannot be denied the benefits to which they are legally entitled, including just and proper compensation for the deprivation of their land. 4. The present Application is opposed by the learned Advocate for the Acquiring Body as well as by the learned AGP. They submit that, having regard to the enormous delay, the same does not deserve to be condoned. 5. However, considering that the companion Appeals arising out of the same notification have already been allowed and that the explanation furnished by the Applicants for the delay is satisfactory, and further that the delay does not appear to be intentional or deliberate, the Applicants cannot be deprived of their legitimate claim. Hence, the delay deserves to be condoned. 6. In view thereof, the Civil Application for condonation of delay is allowed, subject to the condition that the Applicants shall furnish an undertaking to the satisfaction of the Registrar (Judicial) of this Court, that they shall not claim any statutory benefits or interest for the period of delay, within a period of four weeks. Sunny Thote 3 952-CA-4395-2026.odt 7. List the First Appeal for admission and final disposal on 8th October, 2026. [ MANJUSHA DESHPANDE, J. ] Sunny Thote